2. Comparisons Current ZoningOXNX Retail capped at 3000 square feet Retail capped at 4000 square feet No cap on retail Fuel sales prohibited Fuel sales permitted Drive-ins prohibited Drive-ins permitted Drive-thrus prohibited Drive-thrus permitted Standalone retail permitted Attached retail permitted Standalone retail permitted

3. Direct Path to NX  Remap to OX  Allow property owner to immediately rezone to NX with the following conditions:  Maintain OX retail cap of 4000 square feet per floor per building  Maintain prohibition on fuel sales  Maintain prohibition on drive-ins  Maintain prohibition on drive-thrus  Carry forward Z-55-94 conditions *  Sanctioned by City Attorney, Ira Botvinick  Supported by NORCHOA

4. Z-55-94 Conditions  Any development of the property shall include a pedestrian access to the property adjoining this tract on the south and/or east side.  The following uses shall not be permitted in the Buffer Commercial CUD District:  Utility Substations  Penal Facilities  Telecommunications Towers  Outdoor Stadiums  Parking Deck or Garage  Schools  Family or Group Care Homes or Facilities  Supportive Housing Residences  Right of way for Neuse River Drive (Dunn Road) will remain at R-4 values for reimbursement purposes.  Upon development, the rate of storm water runoff will comply with CR 7107.

5. Win/Win  Property owner gains NX zoning  Property owner retains standalone retail  Property owner gains a small increase in entitlement from 3000 square feet of retail to 4000 square feet of retail.  Neighbors retain important conditions in place under current zoning – no fuel sales, no drive-ins, no drive- thrus.

6. What can be built on 4 acres

7. Conclusion This path to NX produces a level playing field where no party gains an advantage over another party.